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Production of a BMW X3: The KBA is investigating suspected illegal defeat devices
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Dasril Roszandi / picture alliance / NurPhoto
Until now, BMW was considered the only German car manufacturer untouched by the diesel scandal. »We did not tamper with the vehicles. We have diesel engines that are clean," said former BMW boss Harald Krüger in autumn 2017 at the IAA International Mobile Exhibition, adding: "There is no defeat device at the BMW Group."
It is extremely questionable whether this vow will last. Because the authorities have now also targeted BMW. With an outcome that is currently still open.
The Federal Motor Transport Authority (KBA) is struggling internally to find an appropriate response to suspected diesel exhaust manipulation at the Munich car manufacturer BMW. A hearing procedure is currently underway by the Flensburg authorities after the German Environmental Aid (DUH) passed on information from its own investigations into the engine control of the X3 20d off-road vehicle (built between 2010 and 2014) to the office. The KBA has two options: Either it simply certifies that BMW has defective production or even that it has installed illegal defeat devices, i.e. fraudulent intent.
The difference is of far-reaching importance, especially under civil law. In the event of a manipulation notice, BMW would have to fear claims for damages from affected car owners, who would then have a much higher chance of success in German courts. In addition, the image of the clean car manufacturer from Bavaria would be significantly damaged. Things would end lightly for BMW if the KBA only accused the company of loading faulty software into the engine control system. According to SPIEGEL information, a decision has not yet been made as to which of the two variants the KBA will select.
What does air conditioning have to do with exhaust gases?
The accusations against BMW relate to a discovery that IT expert Felix Domke made on behalf of the DUH in the software of an X3 model from 2013. Accordingly, the exhaust gas purification system should adhere to the limit values of the test procedure when the air conditioning is switched off, but when it is switched on, the car should emit significantly more nitrogen oxides. The Lübeck expert had already uncovered several similar cases at Opel and Porsche, among others. DUH managing director Jürgen Resch explained that his organization's investigations into the BMW off-road vehicle resulted in the highest nitrogen oxide emissions ever measured.
When asked by SPIEGEL, BMW said that the hearing was still pending. Therefore, we do not comment on individual questions in this context. However, a spokesman referred to the semi-annual report from last year. It says that the BMW Group is "in exchange with two responsible registration authorities in Europe to clarify questions about emissions behavior that arose as part of market surveillance on measurement results for a BMW vehicle model built between September 2010 and March 2014."
BMW was able to save itself once
The Federal Motor Transport Authority confirmed the hearing against BMW. »The KBA market surveillance initiated hearing proceedings against BMW in August 2023. It's about the suspicion of an inadmissible shutdown device in the engine control of an X3 2 l diesel," explained a spokesman. However, BMW had already been able to assert itself once in the past. In the case of a diesel model from the 5 series, the KBA decided in 2018 to prosecute the company only because of software that was allegedly installed by mistake. Critics of the company had already doubted this version back then.
In any case, following a decision from the KBA, the affected X3 models are likely to be recalled to workshops. If it is technically possible, a software update could be installed or components could be replaced. If BMW cannot comply with the limits in this way, the vehicles would be bought back.